It’s expensive. It doesn’t teach anyone how to actually practice law. And by far the vast percentage of monies collected through law school tuitions is paid to professors who’ve never practiced law for the purpose of writing articles for other professors who have never practiced law that aren’t useful to anyone who does practice law.

But when it turns to legal practice, the New York Times starts acting like it’s swimming in the waters of the one percent. It assumes that the male AmLaw100 partners (wearing suits only for the Times photographer I assure you) who are pictured teaching their first years the principles of merger have much of anything to do with how 99% of lawyers practice law and how 99% of the people use the services of lawyers.

2011. America. Have that in mind?

Bankruptcy. Foreclosure. Unemployment. Corporate dissolutions. Small businesses on the edge of extinction.

Not Mergers.

Now that I have that out of my system, let me tell you what the New York Times missed.

Post Your Comment

Post Your Reply

Forbes writers have the ability to call out member comments they find particularly interesting. Called-out comments are highlighted across the Forbes network. You'll be notified if your comment is called out.

My husband, a Yalie & 35+ year veteran of the AmLaw100 says people pay his (to me ridiculous) hourly rate so they can say “it’s not my fault; I hired the best.” He’s modest. That’s why I love him. I was no different lawyer when I worked for the AmLaw100 than when I worked for the Law Offices of Larry Silver in Westwood, CA. The only difference was my need to prove myself to the court before being accorded the respect I automatically received by announcing the name of my AmLaw100 firm. What I learned at the AmLaw was not that they were necessarily better or worse – I practiced with some of the best AND the worst AND the mediocre there. It’s that it’s easier to hide out for longer periods of time when your firm has 1,000 attorneys than when it has 2 or 5 or even 25. I personally liked NOT getting automatic respect because it’s always an advantage to be underestimated.

Great article. I don’t think breaking into the “law business” has ever been easy which you have demonstrated by relating your own career experiences.

What concerns me is that many, not all, new law grads believe the fiction that the only way to learn to be a good lawyer is to sit on the sidelines and observe more seasoned attorneys at their craft.

Perhaps it is because law school requires passivity; you read the assigned cases, occasionally you are expected to say something in class, and then you take a written test. You could practically go the three years without anyone even knowing your name.

Of course, any expectation of learning how to practice law by sitting on the sidelines makes as much sense as sitting poolside, never sticking your toe in the water, and reaping rewards as a high diver. Ain’t gonna happen!

Thanks for coming by to comment. I learned most of my deposition skills by trying, failing, trying again and watching how my opposition did it. I let the defendant teach me pleading by fixing my complaint in response to demurrers, motions to dismiss and motions to strike. I honed my courtroom skills by taking evidence seminars from trial attorneys and acting classes. We learn skill-based tasks by doing, not reading and not even role playing. Lawyers will have to take their first deposition alone whether or not they’ve been tutored by a senior associate first. And I’ve seen Big Firm associates read questions to witnesses not knowing why they’re asking them in the first place, let alone when it might be appropriate to ask a follow up question. Big Law training is only as good as the young lawyer who’s willing to fall on her face and get up and do it again. As the saying goes, you can’t save your face and your ass at the same time.

Interesting debate. There is also Swimming Lessons for Baby Sharks: The Essential Guide to Thriving as a New Lawyer. UC Berkeley used it along with a couple of other texts in a new course this fall. And Harvard Law School has several practical programs, including the “Art of Mingling.”